×
You've used up your 3 free articles for this month. Subscribe today.
Reversal of Summary Judgment on 55-Day New York SHU Placement Claim
Loaded on June 15, 2010
published in Prison Legal News
June, 2010, page 44
The Second Circuit Court of Appeals has reversed the grant of summary judgment to a prison hearings officer in a lawsuit concerning a prisoner’s improper placement in administrative segregation.
Filed under:
Liberty Interests,
Informants (Disciplinary Hearings),
PLRA,
Administrative Exhaustion (PLRA),
Ad-Seg Hearings.
Location:
New York.
On January 3, 2001, New York state prisoner Samuel Davis was incarcerated at the Elmira Correctional Facility when Sergeant Perry recommended ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Secret Justice: Criminal Informants and America’s Underground Legal System, by Alexandra Natapoff
- New Details Regarding Race Riot at USP Florence, by Brandon Sample
- From the Editor, by Paul Wright
- Dozens of CIA “Ghost” Detainees Unaccounted For, by Matthew Clarke
- ACLU Report Applauds Michigan’s Efforts to Reduce Prison Population, by David Reutter
- Report on Prison Privatization Plagued with Political Connections, Conflicts of Interest, Faulty Data
- Habeas Hints: Certificate of Appealability, by Kent A. Russell
- $315,000 Settlement in Illegal Arizona Police Strip Search
- Salt Lake County Agrees to Pay $75,000 to Settle Jail Suicide Suit
- 50,000 Illinois Felons Released Without DNA Collection
- California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million, by Michael Brodheim
- Book Review: Anne-Marie Cusac, Cruel and Unusual: The Culture of Punishment in America, 336 pp, Yale University Press, $27.50, by Amy Vanderwarker
- Georgia’s Privatized Probation System Traps the Poor, by David Reutter
- Judge Finds Unconstitutional Conditions at Massachusetts Jail, 11 Years After Suit is Filed, by Brandon Sample
- Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole, by John Dannenberg
- Report Details Societal Effects of High School Dropout Rates – Including Incarceration, by David Reutter
- $1,500 Settlement for Wisconsin Prisoner’s Cold Cell Conditions Claim
- California: Budget Cuts Target Rehabilitation Programs, by Michael Brodheim
- Pennsylvania Judges Involved in Corruption Case Face Liability; 5,000 Convictions Thrown Out, by David Reutter
- $2,750 Settlement in California Prisoner’s Denial of Exercise Claim
- Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company
- NACDL Releases Report on U.S. Drug and Mental Health Courts, by Matthew Clarke
- PLN Prevails in Public Records Suit Against GEO Group, by Alex Friedmann
- Fifth Circuit: RLUIPA Does Not Create Individual Capacity Cause of Action
- Virginia Sheriff Sentenced to 19 Months on Corruption Charges
- Prison Psychologist Shoots Ex-Prisoner Boyfriend, Loses Her License
- Georgia Jail Settles PLN Censorship Suit, Pays $149,759.21 in Damages, Attorney Fees
- Oregon Prison Officials Treat Heart Failure with Antacid, Tylenol, Heat Pack, by Mark Wilson
- BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards
- New Jersey: Class-Action Status Granted in Suit Challenging Conditions of Confinement at Passaic County Jail, by Michael Brodheim
- Oregon Youth Authority Warden Gives Agency a Black Eye
- U.S. Attorney Nominees Involved in Hiding Court Records, by David Reutter
- $60,000 Settlement in New York Jail Captain’s Assault on Prisoner
- California: Furloughing Prison Employees Costing Taxpayers More, by Michael Brodheim
- Sixth Circuit: Shy Bladder Suit Returned to District Court
- Florida Prisoner Exonerated by DNA After Serving 35 Years, by David Reutter
- Being in Unauthorized Jail Area Without Escape Intent Not a Crime in Indiana
- Fourth Circuit Holds Individual Capacity Damage Claims Unavailable Under RLUIPA
- Ninth Circuit Holds Prosecutors Immune for Parole Recommendations, by Mark Wilson
- New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling
- Ninth Circuit: Race-Based Prison Lockdowns Must Satisfy Strict-Scrutiny Standard
- Federal Circuit Rejects Prisoner’s Claim of Copyright Infringement
- DC Circuit Reverses CCA/TransCor Non-Exhaustion Dismissal
- Summary Judgment Reversed in Illinois Jail Suicide Suit
- California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection
- Reversal of Summary Judgment on 55-Day New York SHU Placement Claim
- Mental Health Specialist May be Liable in California Jail Detainee’s Suicide
- New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague
- No Liberty Interest Under Utah Parole Scheme
- No Qualified Immunity for Excessive Force at Ohio Jail
- Sixth Circuit: RLUIPA Does Not Permit Monetary Damages
- Ineffective Attempts to Protect Texas Prisoner Were Sufficient
- No Qualified Immunity for Denial of Protective Custody to Ohio Prisoner
- Illinois: Disabled Detainees’ Discrimination Claims May Proceed to Trial
- New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault
- California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages
- News in Brief:
More from these topics:
- Washington Court of Appeals: PLRA Dismissal of Prisoner’s Federal Suit Is Not Res Judicata Barring State Tort Claims, Sept. 15, 2024. Administrative Exhaustion (PLRA), Res Judicata, Federal Tort Claims Act (FTCA).
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, March 1, 2024. Gang Policies, Prison Gangs, Informants (Disciplinary Hearings), Informants, Consent Decrees, Control Units/SHU/Solitary Confinement, Consent Decrees - Termination of.
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, March 1, 2024. Administrative Exhaustion (PLRA), Injunctions, RLUIPA, Religious Land Use and Institutionalized Persons Act (RLUIPA), Right to Grow a Beard.
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, Feb. 1, 2024. Disciplinary Hearings, Disciplinary Litigation, Double jeopardy (Hearings), Liberty Interests, Good Time, Assaults on Staff.
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby, Feb. 1, 2024. Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.